camosilver
Member
What is the name of your state (only U.S. law)? florida
When I moved out of the duplex I was renting 2 years ago, my landlord never gave me back my security deposit. The property was in better shape when I left it than it was when I moved in (painted the inside, cleaned, fixed holes in the wall, etc). But that's besides the point, because she never inspected the property after I moved out (I asked her) and after 30 days she had not mailed or even verbally said that she intended to make a claim on my security deposit, waiving her right to it in any way. She gave me the runaround for a few months before I hired an attorney to go after it in small claims court.
My attorney was extremely slow about everything he did, but finally we won in court because she never showed up for the hearing and a default judgment was issued in my favor(took my attorney almost a year to do this). This was over a year ago, and the lawyer has not done anything since. He stopped taking my calls and responded to my emails(sent one every week or two) every 4 months or so, saying that in order to collect we need to do this and that, and I said ok, let's do that... only to never hear anything back!
Finally, I got tired of being ignored and I decided to start trying to collect myself. I searched the court's records and found that my lawyer misspelled the defendant's last name, so basically I have a judgment against someone who does not exist! I put in several motions to the judge to change the spelling of the defendant's name, but the judge keeps denying the motions and refuses to give me a reason.
So, now I am left with a few questions:
-Is it possible to collect on this judgment with the misspelled name?
-Why would the judge deny my motions?
-If I cannot collect on this judgment, can I sue the attorney for his error? After all, I hired a "professional" to handle the case, and not only did he make a mistake that it seems will prevent me from collecting on the judgment, but he refuses to fix it and ignores me.
When I moved out of the duplex I was renting 2 years ago, my landlord never gave me back my security deposit. The property was in better shape when I left it than it was when I moved in (painted the inside, cleaned, fixed holes in the wall, etc). But that's besides the point, because she never inspected the property after I moved out (I asked her) and after 30 days she had not mailed or even verbally said that she intended to make a claim on my security deposit, waiving her right to it in any way. She gave me the runaround for a few months before I hired an attorney to go after it in small claims court.
My attorney was extremely slow about everything he did, but finally we won in court because she never showed up for the hearing and a default judgment was issued in my favor(took my attorney almost a year to do this). This was over a year ago, and the lawyer has not done anything since. He stopped taking my calls and responded to my emails(sent one every week or two) every 4 months or so, saying that in order to collect we need to do this and that, and I said ok, let's do that... only to never hear anything back!
Finally, I got tired of being ignored and I decided to start trying to collect myself. I searched the court's records and found that my lawyer misspelled the defendant's last name, so basically I have a judgment against someone who does not exist! I put in several motions to the judge to change the spelling of the defendant's name, but the judge keeps denying the motions and refuses to give me a reason.
So, now I am left with a few questions:
-Is it possible to collect on this judgment with the misspelled name?
-Why would the judge deny my motions?
-If I cannot collect on this judgment, can I sue the attorney for his error? After all, I hired a "professional" to handle the case, and not only did he make a mistake that it seems will prevent me from collecting on the judgment, but he refuses to fix it and ignores me.
